Chapter-III Resolution through Plea-Bargaining The Criminal Law (Amendment) Act, 2005 (which came into force with effect from 5.7.2006) has inserted Chapter XXI A in the Code of Criminal Procedure, 1973, that for the first time accords recognition to the idea of plea bargaining within the Indian Criminal Justice System. For providing the working details of the pleabargaining system, new Sections 265 A to 265 L have been introduced with a view to providing for the qualifications for plea-bargaining, the stage and procedure for making an application, the role of court and the parties, the guidelines for mutually satisfactory disposition, the final disposition of the case by the court and its finality, the according of set-off benefit, the prohibition against use of plea-bargaining depositions in any other proceedings and non-applicability of plea-bargaining in juvenile justice proceedings, etc. Plea-bargaining proceeding is a new technique for simplifying the rigor of the formal system as well as a measure for the speedier disposal of cases. But this technique has immense significance from the point of view of the accused, who is accorded an option to bargain-plea within the existing system. Thus, the rules relating to plea-bargaining have special value not only for the accused, but also for those who are responsible for operating the system at the ground level. Box-18 While conducting the plea-bargaining proceedings, the judicial authorities shall: S. 265A 1. Ensure that plea-bargaining can be claimed only for offences that are likely to entail a punishment that is below seven years imprisonment. 2. Ensure also that plea-bargaining is not available for such offences that affect the socio-economic conditions of the country. Of Cr.P.C S.265B 32

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